The following is Hughey & Phillips' (H&P) standard Limited Warranty for Obstruction Lighting Products ("Products"). This warranty applies unless a different warranty has been specifically agreed to and signed by Hughey & Phillips' authorized representative.
LIMITED WARRANTY
(a) "Nonconformance" means a defect in workmanship or material; a failure to comply with applicable H&P drawings; or a failure to comply with applicable FAA (Federal Aviation Administration) specifications. Normal wear and tear (including but not limited to incandescent lamp failure) or the need for periodic maintenance shall not constitute a Nonconformance.
(b) H&P warrants that at time of delivery to Buyer, its Products will comply with applicable H&P drawings and FAA specifications and will be free from defects in workmanship and material. These warranties shall run to Buyer, its successors and assigns. The duration of these warranties shall be as follows:
(1) for non-LED-based obstruction lights and controllers (excluding software and third-party components), twenty-four (24) months after shipment of the Product or twelve (12) months after date of first use, whichever occurs first:
(2) for LED-based obstruction lights, five (5) years after shipment of the Product; all warranty replacement LED products is warranted for the remainder of the original warranty. Replacement LED will be equivalent in meeting current FAA Advisory Circular, but may not be identical in form.
(3) replacement parts are warranted for 120 days from the date of shipment.
(4) use of non-OEM parts will void all manufacturer's warranty and could invalidate compliance with FCC and FAA published requirements.
(d) H&P shall not be liable under this warranty if the Product has been exposed or subjected to (1) any maintenance, repair, installation, handling, transportation, storage, operation or use which is improper or otherwise is not in compliance with H&P's instructions; or (2) any alteration, modification or repair by anyone other than H&P or those specifically authorized in writing by H&P; or (3) any accident, contamination, foreign object damage, abuse, neglect or negligence after delivery to Buyer; or (4) any damage precipitated by failure of a H&P supplied Product not under warranty or by any product not supplied by H&P.
(e) H&P shall provide parts only, per the conditions written above, and shall not be liable for any labor or travel expenses during the repair or return of Product.
(f) THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. NO EXTENSION OR EXPANSION OF THIS WARRANTY SHALL BE BINDING UPON H&P UNLESS SET FORTH IN WRITING AND SIGNED BY H&P AUTHORIZED REPRESENTATIVE.
(g) IN NO EVENT SHALL H&P BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, UNDER THIS WARRANTY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, INTERRUPTION OF BUSINESS, LOSS OF PROFITS, OR LOSS OF USE. THE EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES AS SET FORTH IN THIS WARRANTY SHALL BE DEEMED INDEPENDENT OF, AND SHALL SURVIVE, ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THE TERMS OF THIS WARRANTY.
136 East Court Street, Urbana, OH 43078
877.285.4466
January 2010